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Management Prerogative
Time, Place, and Manner of Work
1. Summary ▪ Time, place, and manner of work is a management prerogative. ▪ Manner of work includes working methods and work assignments. 2. Concepts
Work Supervision
1. Summary ⦁ Work supervision is a management prerogative. ⦁ Employers are required to observe due diligence in the supervision of its employees. ⦁ Employers
FAQ: Management prerogative
Answers to frequently asked questions on management prerogative in the Philippines. What is management prerogative? Management prerogative is the bundle of rights inherent to the
Pre-Employment
Hepatitis B test as pre-employment requirement
1. What is a pre-employment requirement? A pre-employment requirement is one that is required to be done as part of the requirements prior to employment.
Fixed-Term Employment Contract
A fixed-term employment contract is an employment arrangement between an employer and a fixed-term employee wherein the latter will perform work for a term or
Working Conditions
Supervisory Employees
1. Summary ▪ Supervisory employees are those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority
Primer: Kasambahay or Domestic Workers
1. Concepts “Domestic worker” or “Kasambahay” refers to any person engaged in domestic work within an employment relationship, whether on a live-in or live-out arrangement,
Safety & Health
Primer: OSH Law (2018)
1. Summary ▪ Republic Act No. 11058, a.k.a. OSH Law, was passed in 2018. ▪ The OSH Law applies to all establishments, projects, and sites.
DOLE IRR/Guidelines on Mental Health Workplace Policies and Programs in the Private Sector
DOLE Department Order No. 208, Series of 2020 (“DO-208”): Guidelines for the Implementation of Mental Health Workplace Policies and Programs for the Private Sector —
Labor Relations
Request for sole and exclusive bargaining (SEBA) certification
Any legitimate labor organization may file a request for SEBA certification. 1. Concept Any legitimate labor organization may file a request for SEBA certification. (Section
Assumption of jurisdiction power by the DOLE Secretary
1. Concept When, in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to
YouTube Videos
Labor Law PH
- Pay slip - ano ang kailangan malaman dito? [Filipino Podcast]
- Management Prerogative 2 - Masterclass 2023
- Ano mangyayari sa bond pag nag-resign dahil sa sakit? [Filipino Podcast]
- Dumadagdag ba ang leave credits sa panahon ng maternity leave? [Filipino Podcast]
- Walang holiday pay kay doctor sa kaniyang kontrata? [Filipino Podcast]
- 14 years na nag-exit, COE pa rin? [Filipino Podcast]
Frequently Asked Questions
FAQ: Independent Contractor – Individuals
Answers to frequently asked questions on individuals as independent contractors in the Philippines. 1. Are individuals who are independent contractors considered as employees? No, individuals who are independent contractors are not employees. They are engaged in the business of providing services through their special skills, expertise, or talent. 2. What
FAQ: Premium pay
Answers to frequently asked questions on premium pay in the Philippines. What is a premium pay? A premium pay is an additional pay granted to an employee who render work on a rest day or a special non-working day. What are the conditions for an employee to be entitled to
FAQ: Resignation
Answers to frequently asked questions on resignation in the Philippines. 1. In General What is resignation? Resignation – refers to employees voluntarily and willfully exiting from employment after finding themselves in a situation that they have to severe their employment as personal reasons outweighs the demands of the work that
FAQ: Night shift differential pay
Answers to frequently asked questions on night shift differential pay in the Philippines. 1) What is the difference between night shift differential pay and night shift pay? There is no difference between night shift differential pay and night shift pay. Night shift differential pay is the legal term as provided
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Management Prerogative
- Management Prerogative & Company Policies
- Mandatory Workplace Policies: Drug-Free, Alcohol-Free, HIV, Hepatitis B, etc.
Pre-Employment
- Job posts or advertisement
- Recruitment and Placement
- Employment Contracts (Regular, Probationary, Casual, Project, Seasonal, Fixed-Term)
Labor Standards
- Statutory Benefits: holiday pay, overtime pay, night shift pay, etc.
Due Process
- Due Process in Disciplining Employees (Just Causes & Procedure)
- Due Process in Separating Employees (Authorized Causes & Procedure)
Working Conditions
- Flexible Working Arrangements
- Telecommuting or Work from Home
Occupational Safety and Health
- Occupational Safety and Health
Labor Relations
- Collective Bargaining Agreement (CBA)
Post-Employment
- Clearance process, Employment Bond, Final Pay, Quitclaim, etc.
Contracting & Subcontracting
- Contracting & Subcontracting (Principal, Contractor, Deployed Personnel)
Do you know your labor standards?
Holiday Pay
Holiday pay is a an additional pay provided to a covered employee during regular holidays.
Retirement Pay, Private Sector
Retirement pay is an additional pay provided to a covered employee who is retiring.
College dean loses benefits and privileges after transfer
The employee – a College Dean – initiated a constructive dismissal case after she refused to be transferred from her position as Dean of the
Cases: 13th month pay
1. Kinds of employees a. Rank-and-file employees Ramil v. Stoneleaf, Inc. G.R. No. 222416, 17 June 2020 [BACKGROUND] [The employee was hired as a Spa
Maternity Leave
Maternity leave benefits are leave credits extended to covered female employees who may want to use them during their pregnancy and even after their delivery, so that they remain paid during such absence from work.
Cases: Special leave for women under R.A. 9710
1. Suppletory application of policies on maternity leave HRET v. Panga-Vega G.R. No. 228236, 27 January 2021 [BACKGROUND] On February 2, 2011, [the employee], then
Private Security
Debt collection industry
1. Concepts “Collection Entity” or “Agency” – refers to a person or entity engaged in purely collection services on delinquent and/or past due accounts of
Compressed Workweek
Summary ▪ Compressed workweek refers to one where the normal workweek is reduced to less than six (6) days but the total number of work
Cases: Independent Contractors – Individuals
These are the related Labor Law Cases or Jurisprudence. 1. Concept a. Unique skills and talents Sonza v. ABS-CBN Broadcasting Corporation G.R. No. 138051, 10
DO-174 Contracting
Job Contracting and Subcontracting
Summary ▪ Job contracting is an arrangement whereby a principal outsources a job, work, or service to the contractor who performs these through its deployed
Contractor’s employees
Summary ⦁ The employees of a contractor or a subcontractor may be deployed personnel or administrative personnel. ⦁ The contractor’s or subcontractor’s employees enjoy the
Control in Contracting
Summary ▪ Controlling an employee is one of the rights and powers of the employer. ▪ As the employer., the contractor or subcontractor controls the
Overseas Employment
Cases: OFWs dismissed from work
1. OFWS covered by security of tenure and due process a. Due process requirement 1) Sameer Overseas Placement Agency, Inc. v. Cabiles (2014) Sameer Overseas
Overseas Filipino Workers (OFWs)
1. Concept “Overseas Filipino Worker (OFW)” – refers to a person who is to be engaged, is engaged, or has been engaged in a remunerated
Ban on direct-hiring for overseas employment 101
Summary ⦁ Employers, whether local or overseas, are prohibited from hiring Filipino workers for overseas employment. ⦁ There are exceptions. ⦁ If not falling under
Labor Disputes
Labor Arbiter
Summary ▪ The Labor Arbiter has original and exclusive jurisdiction of certain labor cases. ▪ The jurisdiction of the Labor Arbiter is different from the
National Conciliation and Mediation Board
Summary ▪ The National Conciliation and Mediation Board (NCMB) formulates policies, develops plans and programs and sets standards and procedures relative to the promotion of
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